Where the Bodies Were Buried
Page 48
Over the years, many people knew of or played a role in the coddling of Bulger. That inclination was the ugly stepchild of an earlier generation of corruption forged through the handling of Joe Barboza, the Flemmi brothers, and untold other government-protected criminal informants. When these arrangements are exposed, those responsible have a tendency to disappear into the woodwork. The truth is buried or obscured. The facts are deemed inadmissible or not relevant to the matter at hand.
In the end, the System protects itself.
SOURCES
ALTHOUGH THIS BOOK is intended to be an account of the legal proceedings known as The People of the United States v. James J. Bulger, the narrative ultimately goes far beyond the trial. The result is a book based on sources, both human and archival, that I have accumulated while following the Bulger saga for more than a decade. Some interviews over the years have been off the record. More recently, the trial afforded an opportunity to revisit or interview anew individuals who lived aspects of this story. Among the key interview subjects: Kevin Weeks, Patrick Nee, Teresa Stanley, Joseph Salvati, Anthony Cardinale, Paul Griffin, Robert Fitzpatrick, Thomas Foley, Richard Marinick, Steve Davis, Marilyn Di Silva, John Connolly, and Janet Uhlar.
Requests for one-on-one interviews were made of the various legal parties involved in the Bulger trial. I was turned down by both the defense team and the prosecutors. As for Bulger, I twice wrote to him in prison requesting an interview, once before and once after the trial. I received no response.
To this date, Bulger has never submitted to a formal interview. In the documentary Whitey, directed by Joe Berlinger, he is recorded talking on the phone with Jay Carney, his attorney. He is asked questions by Carney that were designed to illustrate a central argument of the government’s case, that Bulger never was an informant for the FBI.
Previously, Bulger had been able to leak self-serving versions of his life story to the media through a series of letters he wrote to a former fellow prison inmate named Richard Sunday. Bulger encouraged Sunday to divulge the letters to the media, which he did, creating a stir in the press in the months leading up to the trial.
In the letters and also the Berlinger documentary, Bulger proved to be skilled at finding ways to put forth his version of events without ever having to explain himself in detail or submit to questions that might challenge his version of the truth. Throughout the trial, Bulger’s attorneys stated publicly that their client wanted “the full truth to be known,” but what they really meant was that he wanted his version of the truth to be known. In his strategic leaks to the media and through his lawyers, Bulger put forth many incredible allegations, including that he was given immunity to commit crimes by Jeremiah O’Sullivan in exchange for protecting the prosecutor’s life from retribution by the Mafia in New England. These allegations were sometimes reiterated in strategic letters sent to friends, which found their way into the press. Whitey seemed to have an interest in shaping his image in the public domain; this negated any desire he might have to submit to an honest interview the terms of which he could not control.
Since Bulger disappeared on the lam in 1995, there has been voluminous litigation on matters relating to his criminal exploits and also his time as a Top Echelon Informant. Evidence gathered for these trials and hearings, and the transcripts of testimony, have informed this book. The various legal proceedings are too numerous to mention, but two governmental hearings were essential in understanding the corrupt universe that helped to create Whitey Bulger. One was the Hearing of the House Committee on Oversight and Government Reform, which resulted in a report titled “Everything Secret Degenerates.” The other was the memorandum issued by Judge Nancy Gertner, who presided over what became known as “the Limone matter,” the lawsuit that resulted in substantial financial settlements for Joe Salvati and others who were framed on murder charges by the U.S. Department of Justice.
Finally, any understanding of the Bulger fiasco begins with absorbing the work of the many journalists who have covered the story over the years. Some of these reporters have gone on to write books about the case, as have innumerable people who were associates or rivals of Bulger. This includes people in law enforcement who played a role in trying to bring Bulger down. My opinions are my own, but all of these books and journalism accounts have contributed to a broader and deeper understanding of this complex, multilayered story.
ACKNOWLEDGMENTS
I AM INDEBTED to the following people for helping me locate sources, separate fact from fiction, and come to a deeper understanding of the hard truths surrounding the Age of Bulger: Raymond Flynn, Mary Lafferty, Ciaran Staunton, James Flynn, Kevin Weeks, Patrick Nee, Teresa Stanley, Bobo Connolly, Tommy Lyons, Joseph Salvati, Anthony Cardinale, Harvey Silverglate, Paul Griffin, Robert Fitzpatrick, Thomas Foley, Richard Marinick, Frannie White, John Martorano, Jimmy Martorano, Steve Davis, Marilyn Di Silva, John Connolly, Howie Carr, Michelle McPhee, Edward Mahoney, Richard Stratton, and Janet Uhlar.
My time living in Boston for the duration of the trial was greatly enhanced by people who helped with logistics, accommodations, and leisure activities, most notably Michael Habicht, Paul Spatachini, Charlie Lo Grasso, Jill Mantineo Macone, Frank DePasquale, David Duggan at the Bricco Suites, Guy Mirisola at Mirisola’s restaurant in South Boston, David Riccio, owner of Caffé Vittoria in the North End, and Michael Uiskey, esteemed bartender at the Seaport Hotel. Also, special thanks to Sophia Banda, my personal assistant at the time, who tended to matters back in New York City while I was away.
Researching and writing a book that is complex and densely researched requires understanding and support from family and friends. At the end of writing a book like this, I am sometimes surprised I still have friends, given the all-consuming nature of the project. For hanging in there, I would like to thank Teresita Levy, Benjamin Lapidus, Mike English, Stephanie English, Christina Lorenzatto, Sandra English, Suzanne Damore, Chris Damore, Valerie Anne Garcia, Valentin Sandoval, Jack Brown, Patrick Farrelly, Kate O’Callaghan, and others who have stayed the course.
The journey from rough manuscript to finished book requires contributions from many people. My agent, Nat Sobel, and his assistants at Sobel Weber Inc. play an integral role in facilitating my work. At William Morrow, I am indebted to Cal Morgan and to David Highfill, who edited the manuscript with a steady hand. Thanks also to Danielle Bartlett and others in the Publicity Department.
Most everyone has some activity that helps him or her deal with the stress of a major project that seems as though it will never end. For me it is music, both as a listener and as an amateur percussionist. The spirit of the drum has a soothing power that serves as a soundtrack for many of my adventures, for which I sometimes turn to Elegua, the spirit of journeys and passageways, to guide me along the road to completion.
APPENDIX A
THE PEOPLE OF THE UNITED STATES V. JAMES J. BULGER
COMPLETE WITNESS LIST (IN ORDER OF APPEARANCE)
1. Robert Long—former Massachusetts State Police
2. Colonel Thomas J. Foley—former Massachusetts State Police
3. James Katz—former Winter Hill Mob bookie
4. Richard O’Brien—former Winter Hill Mob bookie
5. John Martorano—former Winter Hill Mob hit man, Bulger partner
6. William Doogan—Sergeant, Boston Police Department, Cold Case Squad, Homicide
7. Diane Sussman de Tennen—witness to the killing of Michael Milano
8. Donald Milano—brother of murder victim Michael Milano
9. Laura Mello—daughter of murder victim James O’Toole
10. Deborah Scully—former girlfriend of murder victim William O’Brien
11. Tom Angeli—nephew of murder victim Joe Notarangeli
12. Ralph DeMasi—shooting victim during killing of William O’Brien
13. Charles Raso—former Winter Hill Mob bookie
14. Nancy Ferrier—daughter of murder victim Alfred Plummer
15. Michael Colman—former Massac
husetts State Police
16. Kenneth Mason—Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Boston Division
17. Frank Capizzi—shooting victim during killing of Alfred Plummer
18. Joseph Costa—former Boston Police Department, motorcycle unit
19. Joe Angeli—son of murder victim Joe Notarangeli
20. Barbara Sousa—former wife of murder victim James Sousa
21. James Marra—Special Agent with the Office of the Inspector General, Department of Justice
22. Margaret King—wife of murder victim Thomas King
23. Joe Leonard—brother of murder victim Francis “Buddy” Leonard
24. Sandra Castucci—wife of murder victim Richard Castucci
25. Robert Yerton—Tulsa, Oklahoma Police Department, forensic lab
26. Celso Perez—former police officer, Miami-Dade Police Department
27. Paul McGonagle—son of murder victim Paul Charles McGonagle
28. John Morris—former FBI special agent, supervisor of the C-3 organized crime unit, Boston division
29. Joseph Tower—former South Boston drug dealer
30. Robin Fabry—Massachusetts State Police
31. Karen Smith—daughter of murder victim Edward Connors
32. Ken Brady—corrections officer, Plymouth County Correctional Facility
33. Billy Shea—former South Boston drug dealer, member of the Bulger organization
34. William Haufler—Bulger extortion victim
35. Kevin Weeks—former Bulger protégé, member of the organization
36. Ann Marie Mires—forensic anthropologist
37. Elaine Barrett—wife of murder victim Arthur “Bucky” Barrett
38. Thomas Daly—former FBI special agent, C-3 organized crime squad, Boston division
39. Paul Moore—former drug dealer, member of the Bulger organization
40. Kathleen Crowley—forensic dentist, Office of the Chief Medical Examiner, Commonwealth of Massachusetts
41. Anthony Attardo—former drug dealer, member of the Bulger organization
42. Patricia Donahue—wife of murder victim Michael Donahue
43. Barry Wong—unwitting accomplice in Bulger extortion of Bucky Barrett
44. Steven Davis—brother of murder victim Debra Davis
45. Kevin Hays—former bookie, extortion victim of Bulger organization
46. Dr. Richard Evans—former medical examiner. Commonwealth of Massachusetts
47. Patricia Carlson Lytle—former girlfriend of John Martorano
48. Gerard J. Montanari—former FBI special agent, C-2 labor racketeering squad, Boston division
49. Robert Barry Halloran—brother of murder victim Brian Halloran
50. Michael Solimando—extortion victim of the Bulger organization
51. Pam Wheeler—daughter of murder victim Roger Wheeler Sr.
52. Donald J. DeFago—former U.S. Customs agent, Boston division
53. Joe Saccardo—former Massachusetts State Police
54. Gina Pineda—DNA expert
55. David Lindholm—extortion victim of the Bulger organization
56. John Druggan—forensic chemist, Massachusetts State Police lab
57. Stephen Flemmi—former Winter Hill Mob member, partner of James Bulger
58. Brandi Braun—bank teller, Braintree Bank, Braintree, Massachusetts
59. Kevin O’Neill—owner Triple O’s Lounge, member of the Bulger organization
60. Richard Buccheri—extortion victim of the Bulger organization
61. Sandra Lemanski—Internal Revenue Service, criminal investigation division
62. Scott Garriola—FBI special agent, fugitive task force, Los Angeles
63. Robert Fitzpatrick—former FBI special agent, assistant special agent in charge (ASAC), Boston division
64. Joseph L. Kelly—former FBI special agent, C-3 organized crime unit, Boston division
65. Joseph C. Crawford—former FBI special agent, Boston division
66. Fred Davis Jr.—former FBI special agent, supervisor of Electronic Surveillance Unit (ELSUR), Boston division
67. Todd Richards—FBI special agent, C-3 organized crime unit, Boston division
68. Matthew J. Cronin—former FBI special agent, C-7 stolen property squad, Boston division
69. Steve Johnson—former Massachusetts State Police
70. Heather Hoffman—real estate lawyer and title examiner
71. Desi Sideropoulos—former secretary to FBI special agent in charge (SAC), Boston division
APPENDIX B
WINTER HILL ORGANIZATION CIRCA 1975 – 1980
APPENDIX C
WINTER HILL ORGANIZATION SOUTH BOSTON ORGANIZED CRIME GROUP CIRCA 1982
NOTES
INTRODUCTION
1The judge at the Deegan murder trial was Felix Forte, seventy-three years old at the time. For a more detailed account of the trial, see: Jan Goodwin, “Justice Delayed: The Exoneration of Joseph Salvati,” Readers Digest, March 2008.
2Connolly may yet get the final word on his conviction in Florida. In May 2014, the state’s Third District Court of Appeal ruled that Connolly’s conviction should be thrown out on the basis that the government used a gun possession charge against him that violated the statute of limitations. The government has appealed the decision. Connolly, age seventy-four, remained in prison during the appeal, but if the Florida Supreme Court affirms the decision, his second-degree murder conviction will be overturned and he will be released.
1. THE HAUNTY
1T. J. English, Paddy Whacked (New York: Harper, 2006), pp. 315–16, chapter titled “Irish v. Irish.”
2According to U.S. penal code, Title 18, Part 1, accessory after the fact is defined as “Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.” The federal statute of limitations is five years from the time of the crime.
3On April 8, 2015, after a sixteen-day trial at the Moakley Courthouse, Dzhokhar Tsarnaev was found guilty of having perpetrated the bombing. Five weeks later, after deliberating more than fourteen hours over three days, the jury decided unanimously to give Tsarnaev the death penalty.
2. CURSE OF THE COWRITER
1Kevin Weeks and Phyllis Karas, Brutal (New York: William Morrow, 2007), p. 248.
2Thomas J. Foley and John Sedgwick, Most Wanted (New York: Simon & Schuster, 2013), p. 12.
3. THE O’BRIEN FAMILY BUSINESS
1In the lead-up to the Bulger trial, two biographies of the gangster were published with mostly identical biographical information: Whitey: The Life of America’s Most Notorious Mob Boss, by Dick Lehr and Gerard O’Neill; and Whitey Bulger: America’s Most Wanted Gangster and the Manhunt That Brought Him to Justice, by Kevin Cullen and Shelley Murphy. All of these writers were at one time reporters for the Boston Globe who covered the Bulger story.
2Weeks and Karas, Brutal, p. 186.
4. DEMON SEED
1The book Barboza, by Joseph Barboza with Hank Messick (New York: Dell, 1975), is an entertaining though highly specious account of Barboza’s career as a gangster. A more credible depiction of Barboza is to be found in Animal, by Casey Sherman (Boston: Northeastern University Press, 2013).
2The circumstances surrounding the murder of Teddy Deegan and details of the FBI’s culpability in the matter remained largely unknown until 2001, when the U.S. House Committee on Oversight and Government Reform sought to access documents as part of a congressional investigation into the FBI’s use of criminal informants. That investigation resulted in a report titled “Everything Secret Degenerates,” which is the most complete picture that exists of the bureaucratic corruption surrounding the use of Barboza and the Flemmi brothers as informants.
3In keeping with his vaunted reputation as a “hands on” overseer, J. Edgar Hoover signed off on this memo and all others related to the
handling of the Flemmi brothers and Barboza.
In occasional directives to the bureau’s various SACs, Hoover made clear that the use of criminal informants was a high-priority initiative, and he was diligent bordering on obsessive in his monitoring of the program. The repurcussions of Hoover’s complicity in the Barboza era and beyond are detailed in an extraordinary 2007 report issued by U.S. District Court Judge Nancy Gertner, in response to Peter J. Limone, et al. v. United States of America, the lawsuit filed by Joe Salvati and others after it was revealed they had been framed for the Teddy Deegan murder.
5. JUDAS UNBOUND
1Foley and Sedgwick, Most Wanted, p. 210.
8. WHITEY AND COCAINE
1The Underboss was reissued in 2002, with a new introduction by co-author Dick Lehr. As with previous publications of the book, there were no footnotes nor even a cursory explanation of sources, though it is reasonable to assume that the book is based on law enforcement sources deep inside the Angiulo investigation. Lehr refers to The Underboss and Black Mass as “companion pieces,” with the former “still standing as a story of a remarkable bugging operation,” and the latter as “a larger history of a band of FBI agents in Boston who lost their way and, in effect, became gangsters themselves.”
9. SURROGATE SON
1Weeks and Karas, Brutal, p. 186.
2Weeks and Karas, Brutal, pp. xi–xii.
10. THE HOLY GRAIL
1Even though H. Paul Rico, by the time of his death, was under indictment for murder and had been thoroughly disgraced, he still had his defenders. In 2012, two retired FBI agents and a former Los Angeles police officer published an ebook titled Rico: How Politicians, Prosecutors and the Mob Destroyed One of the FBI’s Finest Agents. An obsequious defense of a man the authors describe as a “hero,” the book sought to discredit the Wolf hearings, the House committee hearings, Sergeant Mike Huff, and anyone else who might have played a role in exposing Rico’s misdeeds over the years. The fact that there were people still willing to act as staunch advocates for Rico, even after his death, was an indication of how such a notorious figure had been able to function and even flourish within a myopic law enforcement culture.